My Workers Comp Got Cut Off, Can I Apply For Unemployment?
Applying for Unemployment after you get cut off from California workers compensation temporary total disability benefits or permanent disability benefits can subject you to criminal penalty. Seriously. This article is by a California Workers Compensation Lawyer and focuses on California law. However, most States have almost the same laws as California.
If you are unable to perform your usual and customary work, then you must not file for California Unemployment benefits. Stated differently, if you are temporarily totally disabled or permanently disabled from returning to your customary work or usual work - - then you must not file for California Unemployment benefits. It is our understanding that most States have similar laws - so be sure to check the law at your State also.
You have to Swear Under Penalty of Perjury *
Under California law you have to state under penalty of perjury that you are ready, willing and able to work in order to qualify for California Unemployment benefits. If you are disabled and unable to perform your usual work, then you have most likely committed perjury. At least that is how you should expect the District Attorney in your County to interpret the law.
* Many high profile criminal arrests are for lying under penalty of perjury. District Attorneys usually take this very seriously. So should you.
File for State Disability
Instead, you need to file for California State Disability Insurance benefits. This isn't welfare. The State of California takes money out of your check every week. You paid into the system. You should use the money you paid in when you are entitled to the benefits. You will need to have a doctor sign for you stating you are unable to perform your usual work.
You can collect up to one year of California State Disability benefits. Contact your local California Employment Development Department.
wage law legislation at the California State Senate
and the California Assembly?
A No B.S. straight-up lawyer
Believe it or not, Bill is known for being a no B.S. straight-up lawyer. Besides being known as one of the leading experts on this area of the law in California, one of the reasons why Bill is asked to testify at legislature hearings is because he is known for being straight-forward and blunt. He is known for being no B.S., with no lawyer-talk, no double-talk.
What should I do if my California workers' comp is cut-off (stopped)?
At the same time that you're apply for State Disability benefits for workers compensation benefits you need to be taking action in regards to your workers compensation case. First, have you filled out a claim for workers compensation yet? This is called a DWC-1. If not, go here.
Second, you need to see if you can figure out why you were cut off. For example, have you see a doctor that says that you are unable to perform your usual job? Have you provided the doctor's report to your employer and/or the workers' compensation insurance carrier?
Third, it may be time to lawyer-up.
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These discussions and/or examples are not legal advice. All legal situations are different. These testimonials, endorsements, photos and/or discussions do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, or your particular case/ situation. Every case is different.